E/C.12/2002/11
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Refugees and asylum-seekers should be granted the right to water on the same
conditions as granted to nationals;
(g) Prisoners and detainees are provided with sufficient and safe water for
their daily individual requirements, taking note of the requirements of international
humanitarian law and the United Nations Standard Minimum Rules for the Treatment
of Prisoners;18
(h) Groups facing difficulties with physical access to water, such as older
persons, persons with disabilities, victims of natural disasters, persons living in
disaster-prone areas, and those living in arid and semi-arid areas, or on small islands
are provided with safe and sufficient water.
III. STATES PARTIES’ OBLIGATIONS
General legal obligations
17.
While the Covenant provides for progressive realization and acknowledges
the constraints due to the limits of available resources, it also imposes on States
parties various obligations which are of immediate effect. States parties have
immediate obligations in relation to the right to water, such as the guarantee that the
right will be exercised without discrimination of any kind (art. 2, para. 2) and the
obligation to take steps (art. 2, para.1) towards the full realization of articles 11,
paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the
full realization of the right to water.
18.
States parties have a constant and continuing duty under the Covenant to
move as expeditiously and effectively as possible towards the full realization of the
right to water. Realization of the right should be feasible and practicable, since all
States parties exercise control over a broad range of resources, including water,
technology, financial resources and international assistance, as with all other rights in
the Covenant.
19.
There is a strong presumption that retrogressive measures taken in relation to
the right to water are prohibited under the Covenant.19 If any deliberately
retrogressive measures are taken, the State party has the burden of proving that they
have been introduced after the most careful consideration of all alternatives and that
they are duly justified by reference to the totality of the rights provided for in the
Covenant in the context of the full use of the State party's maximum available
resources.
18
See arts. 20, 26, 29 and 46 of the third Geneva Convention of 12 August 1949; arts. 85, 89
and 127 of the fourth Geneva Convention of 12 August 1949; arts. 15 and 20, para. 2,
United Nations Standard Minimum Rules for the Treatment of Prisoners, in Human
Rights: A Compilation of International Instruments (United Nations publication, Sales
No. E.88.XIV.1).
19
See General Comment No. 3 (1990), para. 9.